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FAMILY LAW AMENDMENT REGULATIONS 2007 (NO. 1) (SLI NO 82 OF 2007)
EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 82
ISSUED BY AUTHORITY OF THE ATTORNEY-GENERAL
Family Law Act 1975
Family Law Amendment Regulations 2007 (No. 1)
Subsection 125(1) of the Family Law Act 1975 (the Act) provides, in part, that the Governor‑General may make regulations prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The purpose of the Regulations is to update the Family Law Regulations 1984 (the Principal Regulations) to reflect changes introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006. In particular the Regulations:
· establish the Family Dispute Resolution Register;
· introduce interim Accreditation Rules for family dispute resolution practitioners;
· prescribe information to be given to people prior to family dispute resolution;
· prescribe information to be provided by legal practitioners and courts under the Act;
· prescribe matters for the purpose of section 60I of the Act, which requires a certificate from a family dispute resolution practitioner to be filed with an application for an order under Part VII of the Act; and
· make minor technical amendments to align the numbering of the regulations with the numeric order of the sections of the Act to which they relate.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
Details of the Regulations are as follows:
Regulation 1 - Name of Regulations
Regulation 1 provides that the name of the Regulations is the Family Law Amendment Regulations 2007 (No. 1).
Regulation 2 – Commencement
Regulation 2 provides for the commencement of the Regulations on the day after they are registered on the Federal Register of Legislative Instruments.
Regulation 3 - Amendment of the Family Law Regulations 1984
Regulation 3 provides that Schedule 1 amends the Principal Regulations.
The amendments to the Principal Regulations further the policy objectives of the new provisions of the Act introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006 (the Shared Parental Responsibility Act). This is achieved by:
· implementing interim Accreditation Rules under new section 10A of the Act that apply during the transition period established by item 118 of Part 4 of Schedule 4 to the Shared Parental Responsibility Act;
· establishing the Family Dispute Resolution Register to assist the public, the courts and the Department to efficiently manage the introduction of compulsory family dispute resolution under new section 60I of the Act;
· prescribing the information to be provided by legal practitioners and courts under new sections 12B and 12D of the Act;
· prescribing the form of the certificate that will need to be filed with the court under new section 60I, in cases to which the compulsory dispute resolution requirement applies; and
· prescribing other matters related to the practical operation of new section 60I.
Schedule 1 – Amendments
Item [1]: Subregulation 3(1), before definition of Act
This item inserts a definition of ‘accredited family dispute resolution practitioner’ into subregulation 3(1) of the Principal Regulations, which sets out the definitions of terms used in the Principal Regulations.
New Part 4A of the Regulations prescribes Accreditation Rules for family dispute resolution practitioners, pursuant to section 10A of the Act. The definition of ‘accredited family dispute resolution practitioner’ explains that a person who is accredited under Part 4A is an ‘accredited family dispute resolution practitioner’.
Item [2]: Subregulation 3(1), after definition of conference
This item inserts definitions of two terms into subregulation 3(1) of the Principal Regulations, which sets out the definitions of terms used in the Principal Regulations. The terms are ‘family dispute resolution applicant’ and ‘Family Dispute Resolution Register’.
New Part 4B of the Regulations establishes a ‘Family Dispute Resolution Register’. The Family Dispute Resolution Register is being established in anticipation of the phased introduction, from 1 July 2007, of the requirement for people to file a certificate from a family dispute resolution practitioner before a court may hear an application for an order under Part VII of the Act (subject to some exceptions). This requirement is set out at section 60I of the Act.
The Family Dispute Resolution Register will perform three main functions:
· allow people seeking family dispute resolution to identify and locate professionals who come within the definition of ‘family dispute resolution practitioner’ in the Act and who are therefore able to provide certificates under section 60I;
· provide a mechanism by which courts with jurisdiction under the Act can confirm that any family dispute resolution certificate filed with an application for Part VII orders has been issued by a legitimate practitioner; and
· enable the Attorney-General's Department (the Department) to check that people are properly qualified to deliver family dispute resolution services, and exclude practitioners who might compromise the safety of family dispute resolution participants or the integrity of the family dispute resolution process.
The definition of ‘family dispute resolution applicant’ inserted by this item, refers to a person who has applied for registration in the Family Dispute Resolution Register, on either a permanent or transitional basis (this is explained further in relation to new regulation 60D, at item 9, below).
Item [3]: Subregulation 3(1), after definition of Secretary
This item inserts a definition of ‘Shared Parental Responsibility Act’ into subregulation 3(1) of the Principal Regulations, which sets out the definitions of terms used in the Principal Regulations. ‘Shared Parental Responsibility Act’ refers to the Family Law Amendment (Shared Parental Responsibility) Act 2006, which sets out the arrangements for the ‘transition period’ (explained at item 5, below) and is thus crucial to the operation of the accreditation and registration systems in new Parts 4A and 4B of the Regulations.
Item [4]: Subregulation 3(1), after definition of State Family Court
This item inserts a definition of ‘supervised family dispute resolution’ into subregulation 3(1) of the Principal Regulations, which sets out the definitions of terms used in the Principal Regulations. The definition of ‘supervised family dispute resolution’ inserted here directs the reader to new regulation 3AA, where the full definition of the term is set out. This approach has been taken as, due to its length, the definition of supervised family dispute resolution warrants its own provision.
Item [5]: Subregulation 3(1), after definition of the former Regulations
This item inserts a definition of ‘transitional family dispute resolution practitioner’ into subregulation 3(1) of the Principals Regulations, which sets out the definitions of terms used in the Principal Regulations.
The amendments made to the Act by the Family Law Amendment (Shared Parental Responsibility) Act 2006 (which, pursuant to item 3 will be referred to as the Shared Parental Responsibility Act) introduced section 10A into the Act. Section 10A allows Accreditation Rules for family counsellors, family dispute resolution practitioners and others to be prescribed in the Principal Regulations. New Part 4A of the Regulations, at item 9, introduces Accreditation Rules for family dispute resolution practitioners.
To ensure that professionals who are currently delivering family dispute resolution are able to continue to offer these services without interruption on the introduction of the Accreditation Rules, the Shared Parental Responsibility Act provides for a period of transition to the new requirements. The transition period runs from 1 July 2006 to 30 June 2009 (as per item 118 of Schedule 4 to the Shared Parental Responsibility Act and regulation 82 of the Principal Regulations).
Item 124 of Schedule 4 to the Shared Parental Responsibility Act provides that, during the transition period, the following people are taken to be family dispute resolution practitioners within the meaning of section 10G of the Act (which defines ‘family dispute resolution practitioner’):
· people who are authorised by an approved family dispute resolution organisation to offer family dispute resolution on behalf of the organisation, and
· people who, by 30 June 2007, meet the requirements set out at regulation 83 of the Principal Regulations.
This item provides that, in the Principal Regulations, a person who is a family dispute resolution practitioner in the transition period because he or she comes within one of these categories is referred to as a ‘transitional family dispute resolution practitioner’.
Item [6]: After regulation 3
Item 6 will insert new regulation 3AA into the Principal Regulations. As explained in relation to item 4, regulation 3AA provides a definition of ‘supervised family dispute resolution’.
This definition is relevant to the Accreditation Rules for family dispute resolution practitioners, which will be set out at new Part 4A of the Principal Regulations. New regulation 58 in Part 4A sets out interim Accreditation Rules, which require people to have engaged in at least 30 hours of supervised family dispute resolution.
The definition of ‘supervised family dispute resolution’ is also relevant to the registration of family dispute resolution practitioners, set out at new Part 4B of the Principal Regulations. As explained in relation to new regulation 60F in Part 4B, registered family dispute resolution practitioners must undertake at least 24 hours education, training or professional development in family dispute resolution (which may include supervised family dispute resolution) in every 24 month period from the date on which they are registered.
This item explains that ‘supervised family dispute resolution’, is dispute resolution that is supervised by:
· a family dispute resolution practitioner who has at least 12 months experience in providing family dispute resolution; or
· a person who gives training in family dispute resolution on behalf of an education and training provider.
‘Family dispute resolution practitioner’ is defined in section 10G of the Act as a person who is:
· accredited as a family dispute resolution practitioner under the Accreditation Rules (paragraph 10G(a));
· authorised to act on behalf of an organisation designated by the Minister (paragraph 10G(b)); or
· authorised or engaged by the Family Court of Australia, the Federal Magistrates Court or the Family Court of Western Australia (paragraphs 10G(c), (d) and (e)).
In addition, item 124 of Schedule 4 to the Shared Parental Responsibility Act provides that, during the transition period (explained in relation to item 5, above), a person who:
· is authorised by an approved family dispute resolution organisation to offer family dispute resolution on the organisation’s behalf; or
· by 30 June 2007 meets the requirements set out at regulation 83 of the Regulations;
is also taken to be a family dispute resolution practitioner within the meaning of section 10G of the Act.
‘Education and training provider’ is defined at new regulation 57.
The definition of ‘supervised family dispute resolution’ recognises that one way in which practitioners learn how to successfully deliver family dispute resolution and how to identify and address problems that may arise, is through receiving feedback and advice from experienced practitioners not only in the actual conduct or observation of a family dispute resolution session, but also through:
· The supervisor providing guidance on how to prepare for a family dispute resolution session (eg by identifying issues that may arise, explaining family dispute resolution to the people who will participate so that all parties have the same expectations, etc). This ensures that family dispute resolution practitioners will be well prepared for the family dispute resolution session and will receive the benefit of the experience of their supervisor in looking at a case from different angles and being advised of common issues that arise in the conduct of family dispute resolution.
· De-briefing of the person by the supervisor after the person has conducted or attended family dispute resolution. De-briefing enables them to identify issues that arose, techniques that were successful and/or unsuccessful, and ways that the family dispute resolution session could have been improved, etc. It provides an opportunity for people to actively consider the practice of family dispute resolution and work to continually improve their service delivery.
· Giving presentations to the supervisor or a group on the family dispute resolution session. This allows practitioners to share their insights on the matters dealt with in the family dispute resolution session and their views on the conduct and outcome of that session. It also recognises the value of having such discussions in a group context, as this allows a wider range of experiences and learnings to be shared.
The definition of ‘supervised family dispute resolution’ also provides that, unless the person who must comply with the supervised family dispute resolution requirement in regulations 58 and 60F and his or her supervisor determine that it is impractical, the supervised family dispute resolution should include either direct supervision of the person during the conduct of family dispute resolution or attendance by the person at family dispute resolution conducted by the supervisor. This recognises that, as part of the supervision process, conducting or attending a family dispute resolution session is extremely valuable in preparing a new family dispute resolution practitioner to deliver services in a professional manner and in providing a family dispute resolution practitioner who has been working for some time an opportunity to have an independent party identify behaviours that they may have inadvertently adopted, or make suggestions to assist in more effective delivery of family dispute resolution. However, the provision also recognises that, particularly for people in rural or remote areas, the ability to access direct supervision may be limited or non-existent. It would be unfortunate if the supervised family dispute resolution requirement was to result in a situation where family dispute resolution practitioners in such areas, which already face challenges in attracting and retaining skilled workers, were unable to meet the Accreditation Rules or continue to meet registration requirements, due to an inability to access direct supervision. This provision allows people for whom direct supervision is impractical to meet the supervised family dispute resolution requirement in one of the other ways set out above.
Item [7]: Regulations 7 and 8
It is customary for regulations that refer to sections of the Act under which they are prescribed to appear in the same numerical order as the sections of the Act. The Principal Regulations currently contain numbering which is inconsistent with this custom. Existing regulations 7 and 8 relate to sections 12C and 11B of the Act, respectively. As a result, these regulations need to be inverted to ensure that their numbering accords with the section numbering in the Act.
In addition, new regulations are being prescribed under sections 12B and 12D of the Act. These new regulations need to appear immediately before and after the regulation that refers to section 12C of the Act.
This item inserts new regulations that refer to sections 12B and 12D and renumbers previous regulations 7 and 8 to ensure that they accord with the general principle regarding the numbering of regulations in parallel with the sections to which they refer.
Regulation 7: Appointment of family consultants (Act s11B)
New regulation 7 reproduces current regulation 8 of the Principal Regulations, in order to ensure that the numbering of regulations accords with the numbering of the sections of the Act to which the regulations refer (as set out above).
There has been no substantive change to the content of this regulation. Only the numbering has been affected.
Regulation 8: Prescribed information about non-court based family services and court’s processes and services (Act s12B)
To implement the Government's policy of encouraging people considering, or affected by, separation or divorce to utilise non-court counselling and dispute resolution services, Part IIIA of the Act ensures that people receive useful information on these services, as well as information about the court’s processes and services, early in the process of separation or divorce.
Section 12B of the Act provides that the regulations may prescribe information relating to non-court based family services and the court’s processes and services, which is to be included in the documents provided under Part IIIA of the Act. These documents are required to be provided to people considering instituting proceedings under the Act, by legal practitioners (under subsection 12E(1) of the Act) and the principal executive officer of a court with jurisdiction under the Act (under subsection 12F(1) of the Act).
New regulation 8 prescribes that information relating to non-court based family services and court’s processes and services that is to be included in documents provided under Part IIIA of the Act is information about:
· the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare and development is likely to be affected by the proceedings);
· the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce;
· the steps involved in the proposed proceedings;
· the role of family consultants; and
· the arbitration facilities available to arbitrate disputes in relation to separation and divorce.
Information on these issues is required to be provided to people considering instituting proceedings under the Act as such information will provide people with a clearer understanding of the court process, its potential effects on themselves and their children, the support services that are available to assist people experiencing family law problems and the alternatives to formal court action that may assist in resolving disputes.
In the majority of family law cases, the contact with a court with jurisdiction under the Act will be the first contact with the judicial system for the parties. They may find the process confusing and overwhelming. There is a danger that the stress experienced by the adults will flow on to the children, who may blame themselves for the conflict. Although legal action may be the most suitable mechanism for resolving disputes in some cases (particularly those involving family violence), people considering instituting legal proceedings need to be fully aware of the potential consequences of that course of action so that they can make an informed decision about the best way to proceed, and also be attuned to recognise the possible effects of different processes on their children.
Family counsellors provide ‘family counselling’, as defined at section 10B of the Act. Family counselling is a process in which a family counsellor helps one or more people to deal with personal or interpersonal issues relating to marriage, separation or divorce, including issues relating to the care of children.
Family dispute resolution practitioners provide ‘family dispute resolution’, as defined at section 10F of the Act. Family dispute resolution is a process in which a family dispute resolution practitioner, who is independent of all the parties involved in the process, helps people affected, or likely to be affected, by separation or divorce to resolve issues in dispute.
Attendance at family counselling or family dispute resolution services may assist people considering instituting proceedings under the Act by providing a controlled forum in which personal or interpersonal issues, or matters in dispute, can be discussed and explored.
‘Family consultants’ are appointed by the Family Court of Australia, the Federal Magistrates Court and the Family Court of Western Australia under section 11B of the Act.
Family consultants assist the court and the parties in cases involving children, and provide a continuing service as the case moves through the court process. They are psychologists and/or social workers who specialise in child and family issues after separation and divorce.
Arbitration is a process in which parties to a dispute present arguments and evidence to an arbitrator, who then makes a determination to resolve the dispute. Arbitration is only used in relation to matters for which an order may be sought under Part VIII of the Act, which deals with property, spousal maintenance and maintenance agreements; Part VIIIA of the Act, which deals with financial agreements and Part VIIIB of the Act, which deals with superannuation interests.
Regulation 8A: Prescribed information about reconciliation (Act s12C)
New regulation 8A reproduces current regulation 7 of the Principal Regulations, in order to ensure that the numbering of regulations accords with the numbering of the sections of the Act to which the regulations refer (as set out above).
There has been no substantive change to the content of this regulation. Only the numbering has been affected.
Regulation 8B: Prescribed information about Part VII proceedings (Act s12D)
To implement the Government's policy of encouraging people considering, or affected by, separation or divorce to utilise non-court counselling and dispute resolution services, Part IIIA of the Act ensures that people receive useful information on these services, as well as information about the court’s processes and services, early in the process of separation or divorce.
Section 12D of the Act provides that the regulations may prescribe information that is to be included in documents provided under Part IIIA of the Act to people involved in proceedings under Part VII of the Act. Part VII of the Act deals with matters concerning children. The documents are required to be provided by legal practitioners to people they are representing as a party in proceedings under Part VII (under subsection 12E(3)).
New regulation 8B prescribes that information to be provided to people involved in proceedings under Part VII of the Act is information about the family counselling services available to assist the parties, and the child or children concerned, to adjust to the consequences of orders made under Part VII.
Attendance at family counselling may help adults understand, accept and comply with court orders. It may also help children, or assist the adults involved to help children, understand the reason why the order was sought and made, and what it means for them. Exploring the court order and its consequences with a family counsellor in a calm, non-confrontational manner may assist people to comply with the order and avoid further court action for contravention of orders.
Item [8]: After regulation 12CA
Item 8 will insert new regulation 12CAA into the Principal Regulations.
Section 60I aims to ensure that parties attempt to resolve their disputes about children’s matters that can be dealt with under Part VII of the Act, before commencing a court process. This will assist people in resolving family relationship issues outside the court system, which is costly and can lead to entrenched conflict.
The court must not hear an application for an order under Part VII made by a person to whom the requirement to attend family dispute resolution in section 60I applies unless the application is accompanied by a certificate from a family dispute resolution practitioner. Subsection 60I(8) of the Act sets out the types of certificates that may be provided by a family dispute resolution practitioner.
This item provides that a certificate provided by a family dispute resolution practitioner under subsection 60I(8) must be in accordance with the form prescribed in Schedule 7A.
New subregulation 12CAA(2) provides that the validity of proceedings for a Part VII order, and any order made pursuant to those proceedings, is not affected by a failure to provide a certificate in accordance with the prescribed form. This will prevent appeals based on technical defects with a certificate after the court has already considered the case. This is appropriate if parties have already gone to the trouble and expense of having a matter heard.
Item [9]: After Part IV
Item 9 inserts new Parts 4A, 4B and 4C into the Principal Regulations. Part 4A introduces Accreditation Rules for family dispute resolution practitioners. Part 4B introduces the Family Dispute Resolution Register. Part 4C sets out offences related to, and provides for AAT review of decisions on, registration and accreditation of family dispute resolution practitioners.
Part 4A Accreditation Rules
Part 4A sets out the interim Accreditation Rules for family dispute resolution practitioners. The interim Accreditation Rules are prescribed under section 10A of the Act, which allows for Accreditation Rules to be prescribed in the Principal Regulations for family counsellors, family dispute resolution practitioners and people performing others prescribed roles.
Although section 10A of the Act provides for accreditation for family counsellors and family dispute resolution practitioners, at this stage it is only intended to prescribe accreditation requirements for family dispute resolution practitioners. Family dispute resolution practitioners are being dealt with as a matter of priority due to the introduction of the requirement, set out at section 60I of the Act, for attendance at family dispute resolution (subject to certain exceptions, including situations involving violence or child abuse) before the court may hear an application for an order under Part VII of the Act (which deals with matters concerning children). This requirement is being phased in from 1 July 2007.
Division 1 Preliminary
Regulation 57: Definitions
New regulation 57 contains definitions used in new Part 4A of the Principal Regulations.
Definition of ‘appropriate degree, diploma or other qualification’
The definition of ‘appropriate degree, diploma or other qualification’ at new regulation 57 is relevant to new regulation 58, which sets out interim Accreditation Rules. The interim Accreditation Rules require people to have been awarded an ‘appropriate degree, diploma or other qualification’.
The definition of ‘appropriate degree, diploma or other qualification’ is based on the definition of this term in current subregulation 83(2) of the Principal Regulations. This is because, as explained in relation to new regulation 58, the interim Accreditation Rules for family dispute resolution practitioners are based on the requirements set out in current regulation 83 of the Principal Regulations.
The new definition of ‘appropriate degree, diploma or other qualification’ differs from the existing definition at subregulation 83(2) as follows:
· Changes relating to ‘social science’
Currently, an ‘appropriate degree, diploma or other qualification’ is defined as a course of study that is, or is the equivalent of, at least three years full time study in law or social science (such as psychology or social work) or which includes the equivalent of two years full time study in social science. ‘Social science’ is a broad term that encompasses a wide range of subjects, including geography, accounting, statistics, psychology and sociology.
Clearly, only some of these areas of study have relevance to the provision of family dispute resolution. Others (such as accounting and statistics) have no more relevance than areas of study that are excluded from the current regulation 83 requirements, such as engineering or chemistry. In order to ensure that regulation 83 works in a more logical manner to exclude all areas of study that are not relevant to family dispute resolution, qualifications in a social science are only recognised as ‘appropriate’ if they are in an area that is relevant to the provision of family dispute resolution. The note after the definition of ‘appropriate degree, diploma or other qualification’ explains that examples of social sciences relevant to the provision of family dispute resolution include psychology (including behavioural science) and sociology (including social work).
· Conflict management
The new definition recognises qualifications in conflict management, as this area of study provides a grounding for provision of family dispute resolution that is comparable to the other qualifications recognised as appropriate.
· Post-graduate qualifications
The existing requirement set out in regulation 83 is unclear as to whether higher qualifications such as a Graduate Diploma or Masters degree come within the definition of ‘appropriate degree, diploma or other qualification’. As such qualifications provide a grounding for provision of family dispute resolution that is comparable to the other qualifications recognised as appropriate, the definition has been adjusted to explicitly recognise graduate or post graduate diplomas, masters degrees and doctorates in relevant areas of study.
Definition of ‘education and training provider’
The definition of ‘education and training provider’ at new regulation 57 is relevant to new regulation 58, which sets out the interim Accreditation Rules. These interim Accreditation Rules require people to have been awarded an appropriate degree, diploma or other qualification by ‘an education and training provider’. The interim Accreditation Rules also require people to have engaged in at least 30 hours of supervised family dispute resolution. As set out in relation to item 6, ‘supervised family dispute resolution’ may be supervised by a person who gives training in family dispute resolution on behalf of an ‘education and training provider’.
A definition of ‘education and training provider’ will be inserted in the Principal Regulations by this item in order to address the disquiet and misunderstanding in the family dispute resolution sector as to the bodies that are eligible to deliver the tertiary qualifications required in the pathways to accreditation. The definition clarifies that delivery of appropriate qualifications is not restricted to any particular type of educational institution, but rather encompasses universities, colleges of advanced education, higher education providers and Registered Training Organisations.
Definition of ‘Registered Training Organisation’
The definition of ‘Registered Training Organisation’ at new regulation 57 is relevant to the definition of ‘education and training provider’. The definition of ‘Registered Training Organisation’ inserted in regulation 57 repeats the definition of Registered Training Organisation at section 3 of the Skilling Australia’s Workforce Act 2005.
Division 2 Accreditation of persons as family dispute resolution practitioners
Regulation 58: Family dispute resolution practitioners under paragraph 10G(1)(a) of the Act
Section 10G of the Act defines ‘family dispute resolution practitioner’ as a person who is:
· accredited as a family dispute resolution practitioner under the Accreditation Rules (paragraph 10G(a));
· authorised to act on behalf of an organisation designated by the Minister (paragraph 10G(b)); or
· authorised or engaged by the Family Court of Australia, the Federal Magistrates Court or the Family Court of Western Australia (paragraphs 10G(c), (d) and (e)).
(As explained in relation to the definition of ‘supervised family dispute resolution’, at item 6, above, item 124 of Schedule 4 to the Shared Parental Responsibility Act sets out two additional categories of people who are family dispute resolution practitioners in the transition period.)
The first category of family dispute resolution practitioner, set out at paragraph 10G(1)(a) of the Act, is a person who is accredited as a family dispute resolution practitioner under the Accreditation Rules. Section 10A of the Act allows Accreditation Rules to be prescribed in the Principal Regulations for family dispute resolution practitioners (among others).
New regulation 58 provides that a person who meets the requirements set out at subregulation 58(2) and is accredited by the Secretary of the Attorney-General's Department (the Secretary) under regulation 58A is a family dispute resolution practitioner under paragraph 10G(a) of the Act.
The requirements set out at subregulation 58(2) are interim, rather than final, Accreditation Rules for family dispute resolution practitioners. It is expected that the final Accreditation Rules will be based on the competency-based Vocational Graduate Diploma for Family Dispute Resolution Practitioners (the Vocational Graduate Diploma) that has recently been developed by the Community Services and Health Industry Skills Council (the Skills Council). It is not possible to include references to the Vocational Graduate Diploma in the Principal Regulations at this time as the qualification has not yet been endorsed by the Ministerial Council for Vocational and Technical Education (the Ministerial Council), and therefore is not yet a part of the Australian Qualifications Framework. When the Vocational Graduate Diploma is endorsed and becomes an officially recognised qualification, the Principal Regulations will be amended to establish the final Accreditation Rules, which are expected to be based on that qualification.
Until the Vocational Graduate Diploma is officially recognised the Principal Regulations need to provide a mechanism through which potential individual entrants (i.e. those who are not authorised by a designated or approved organisation or by the courts) to the family dispute resolution workforce may be recognised. This mechanism is needed due to the terms of item 124 of Part 4 of Schedule 4 to the Shared Parental Responsibility Act, which identifies the people who are taken to be family dispute resolution practitioners within the meaning of section 10G of the Act in the transition period (which, as explained in item 5, above, runs from 1 July 2006 to 30 June 2009). Apart from recognising people authorised by approved family dispute resolution organisations, item 124 of Part 4 of Schedule 4 to the Shared Parental Responsibility Act only allows people who meet the requirements in regulation 83 by 30 June 2007 to be recognised as family dispute resolution practitioners during the transition period.
As a result of that provision, individual practitioners who do not meet the requirements of regulation 83 by 30 June 2007 will not have an alternative mechanism by which they can be recognised as a family dispute resolution practitioner unless and until Accreditation Rules are prescribed under the Regulations. Therefore, in order to allow people to enter the family dispute resolution workforce in the period prior to the endorsement of the Vocational Graduate Diploma, subregulation 58(2) sets out interim accreditation requirements that people can meet in order to be recognised as a family dispute resolution practitioner in the transition period. At the end of the transition period all individual practitioners will need to meet the final Accreditation Rules, which will be prescribed in the Regulations when the Vocational Graduate Diploma is endorsed by the Ministerial Council.
The interim Accreditation Rules are based on current regulation 83 of the Principal Regulations. Regulation 83 sets out the requirements that people must meet, by 30 June 2007, in order to be taken to be family dispute resolution practitioners in the transition period if they do not fall within the definition of family dispute resolution practitioner in section 10G of the Act and are not authorised by an approved organisation under item 124 of Schedule 4 of the Shared Parenting Act.
Items 12-15 amend current regulation 83 to ensure that it better reflects qualifications and skills that are relevant to the provision of family dispute resolution and does not exclude people who the Government regards as suitably qualified to deliver family dispute resolution services. The interim accreditation requirements set out at subregulation 58(2) differ from the amended regulation 83 as follows:
· Change to definition of ‘appropriate degree, diploma or other qualification’
The definition of ‘appropriate degree, diploma or other qualification’ has been amended, as set out above in relation to new regulation 57, to:
o include only those social sciences that are relevant to the provision of family dispute resolution;
o recognise qualifications in conflict management; and
o explicitly include post-graduate qualifications.
· Timeframe for completion of supervised family dispute resolution
The requirement to complete the supervised family dispute resolution requirement in the 12 months immediately following completion of training in family dispute resolution has been removed. This recognises, and allows for, the diverse work patterns of the family dispute resolution workforce and will remove a barrier to workforce participation of people who may not be able to complete the supervised practice requirement within a set timeframe, for example due to pregnancy, absence from the workforce for family, health or personal reasons.
· New definition of ‘supervised family dispute resolution ’
As set out above, a definition of ‘supervised family dispute resolution’ has been inserted at new regulation 3AA.
The definition of ‘supervised family dispute resolution’ in current subregulation 83(2) refers to dispute resolution that is supervised by an ‘experienced family dispute resolution practitioner’. However, no guidance is provided as to which family dispute resolution practitioners are regarded as ‘experienced’, which could result in practitioners who we would not regard as having sufficient experience supervising new practitioners. To address this concern the definition of ‘supervised family dispute resolution’ at new regulation 3AA, at item 6, above, provides that supervised family dispute resolution must be supervised by a family dispute resolution practitioner who has at least twelve months experience conducting family dispute resolution, or by a person who regularly gives training in family dispute resolution on behalf of an education and training provider (the last category of supervisor is the same as that currently provided for under paragraph (b) in the definition of supervised dispute resolution in subregulation 83(2).
As also set out in relation to new section 3AA, at item 6, above, supervised family dispute resolution is now defined in a way that provides greater guidance to practitioners about the activities that are considered to be ‘supervised family dispute resolution’.
· Grandfathering arrangements in current regulation 83
The substance of current subparagraph 83(1)(a)(ii) was first inserted into the Principal Regulations in 1996 as subregulation 60(3). (It was inserted by Family Law Regulations (Amendment) 1996, Statutory Rule No. 71 of 1996). It was designed to allow experienced family dispute resolution practitioners who had been providing family dispute resolution services for some time but did not have any formal qualifications, time to gain appropriate tertiary qualifications as required under subparagraph 83(1)(a)(i) (then subregulation 60(1)). In order to be regarded as a family dispute resolution practitioner in the transition period people must meet the requirements of regulation 83 by 30 June 2007. In addition, people who meet subparagraph 83(1)(a)(ii) must have met the considerable practice requirements and have enrolled in a course of study by 31 August 2001. There is therefore no need for the interim Accreditation Rules to reflect current subparagraph 83(1)(a)(ii), as it would not provide a pathway for new entrants to the family dispute resolution workforce.
In order to be meet the requirements of subregulation 58(2), a person must be eligible for registration as a family dispute resolution practitioner under new subregulation 60D(1). In order to be eligible for registration a person must:
o be a family dispute resolution practitioner;
o have applied for registration in accordance with the regulatory requirements;
o not be prohibited under a law of a State or Territory from working with children;
o have complied with the laws for employment of people working with children in the States and Territories where they provide family dispute resolution services;
o have access to a complaints mechanism; and
o not have been convicted of an offence involving violence to a person or a sex related offence.
These requirements are explained in detail in relation to regulation 60D, below.
Regulation 58A: Accreditation of persons who meet requirements in subregulation 58(2)
As set out in relation to new regulation 58, above, a person who meets the requirements set out at subregulation 58(2) and is accredited by the Secretary under new regulation 58A is a family dispute resolution practitioner under paragraph 10G(a) of the Act. New subregulation 58(2) sets out the interim Accreditation Rules for family dispute resolution practitioners.
New subregulation 58A(1) provides that the Secretary must accredit a person as a family dispute resolution practitioner as set out at paragraph (a) of the definition of family dispute resolution practitioner in section 10G of the Act if the person meets the requirements set out at subregulation 58(2). These requirements are explained in relation to new regulation 58 (above) and new regulation 60D (below).
New subregulation 58A(2) provides that if the Secretary decides not to accredit a person as a family dispute resolution practitioner, he or she must give the person written notice of that decisions and the reasons it was made and inform the person of their review rights under regulation 61E.
It is important, that people receive written notice of a decision and the reasons for it from a natural justice perspective. Written notification allows people to ensure that they are able to properly understand why a decision has been made and have a firm foundation on which to base an appeal of the decision, if they seek to do so. This is reflected in the AAT Act, which allows any person entitled to apply for review of a decision by the AAT to request the person who made the decision to furnish a written statement setting out findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision.
Further detail is provided on appeal processes in relation to new regulation 61E.
Regulation 58B: Conditions of accreditation
New regulation 58B provides that the accreditation of a person as family dispute resolution practitioner is subject to compliance with a number of conditions. It is appropriate that accredited family dispute resolution practitioners be required to adhere to these conditions as, due to the introduction of a requirement to attend family dispute resolution before making an application to the court for an order under Part VII of the Act (as set out in relation to item 8, above), the Government may be seen as having some responsibility for ensuring that people are able to access quality services. As a result, in addition to ensuring that people are properly qualified to deliver family dispute resolution services (which will be achieved through the interim Accreditation Rules) it is equally important to ensure that people who might compromise the safety of family dispute resolution participants or the integrity of the family dispute resolution process are excluded from recognition as family dispute resolution practitioners.
Family dispute resolution practitioners will be working with families who are experiencing one of the most stressful periods of their lives, when they may be particularly vulnerable. The conditions of accreditation aim to ensure, to the greatest extent possible, that accredited family dispute resolution practitioners are appropriate people to provide the important and sensitive service of family dispute resolution.
The conditions of accreditation set out at new regulation 58B require an accredited family dispute resolution practitioner to:
· Register on the Family Dispute Resolution Register
Accredited family dispute resolution practitioners must be registered on the Family Dispute Resolution Register within six months of being accredited under new regulation 58A. In order to be registered on the Family Dispute Resolution Register a person must meet the requirements set out at new regulation 60D. These requirements are explained in detail in relation to regulation 60D, below.
· Comply with any request for information by the Secretary.
This will allow the Department to check that people are complying with the conditions of accreditation and obtain other relevant information from accredited practitioners.
· Notify changes to name or contact details
Accredited practitioners must notify the Secretary about any change to their name or contact details within 28 days of the change, to ensure that the Department maintains up to date and accurate records of accredited family dispute resolution practitioners.
· Notify matters that may affect eligibility for accreditation
Accredited practitioners must notify the Secretary, within seven days, about any matter that may affect their eligibility to continue to be accredited. The time period for notification of these matters is seven days, rather than the 28 days allowed for notification of changes to a practitioner’s name or contact details, as the matters that may affect continued accreditation may render the family dispute resolution practitioner inappropriate to deliver family dispute resolution services to vulnerable families. The matters that must be communicated to the Secretary within seven days include:
o if the practitioner has been prohibited under a law of a State or Territory from being employed in child-related employment or working with children.
All States and Territories except Tasmania and South Australia have legislation that makes it an offence for those convicted of a sexual offence against a child to apply for or engage in child-related employment. People who have been prohibited under such laws from working with children are not eligible to be accredited as practitioners. It would obviously not be appropriate for such people to provide family dispute resolution services to families. If an accredited practitioner becomes prohibited from working with children he or she no longer meets the eligibility requirements for accreditation.
o if the practitioner has failed to comply a law of a State or Territory relating to employment of people working with children.
A number of States have legislation that sets out requirements with which people who wish to work with children must comply. For example, people seeking such work in Queensland must obtain a ‘blue card’, which involves a detailed national check of a person’s criminal history, including any charges or convictions. People must have complied with such requirements in order to be eligible for accreditation. If an accredited practitioner has failed to comply with those requirements, he or she no longer meets the eligibility requirements for registration, and must be removed from the Register.
o if the practitioner is charged with, or convicted of:
- an offence involving violence to a person; or
- a sex related offence, including rape, sexual assault, indecent assault, unlawful sexual acts with or upon minors, child pornography, procuring or trafficking of a child for indecent purposes or being knowingly concerned with the prostitution of a child.
o the practitioner has ceased to provide family dispute resolution and the reasons for it.
It is important that the Department is notified when family dispute resolution practitioners cease to provide family dispute resolution services, and the reasons why they have done so. This will allow the Department to monitor the family dispute resolution practitioner workforce and, if necessary, act to address any problems which might arise in relation to the number and distribution of family dispute resolution practitioners.
· Accreditation cannot extend beyond 30 June 2009.
As set out above in relation to new regulation 58, the interim Accreditation Rules are being introduced in order to provide a mechanism through which potential new entrants to the family dispute resolution workforce may be recognised in the period before the Vocational Graduate Diploma is officially endorsed and incorporated into the Principal Regulations. The interim Accreditation Rules are not intended to be a permanent means by which people can become accredited. As a result, paragraph 58B(1)(d) provides that the accreditation of a person under the interim Accreditation Rules cannot extend beyond 30 June 2009, which is the end of the transition period (as explained above in relation to item 5).
Subregulation 58B(2) provides that the Secretary may add, vary or revoke a condition of accreditation by giving the accredited family dispute resolution practitioner notice in writing. This provides the Department with flexibility to adjust the requirements placed on accredited practitioners in response to emerging issues, or to address problems which are identified through continuing practice. Accredited practitioners must comply with all conditions of accreditation, whether they are set out in subregulation 58(1) or added at a later date.
If an accredited practitioner does not comply with any conditions of accreditation his or her accreditation may be revoked under new regulation 58C. (In addition, the person’s registration on the Family Dispute Resolution Register may be cancelled under new regulation 60H.)
Regulation 58C: Revocation of accreditation
New regulation 58C sets out the circumstances in which the Secretary may revoke the accreditation of an accredited family dispute resolution practitioner. Subregulation 58C(1) provides that the Secretary may do so if he or she is satisfied that the accredited practitioner:
· Fails to meet the requirements of subregulation 58(2)
Subregulation 58(2) sets out the interim Accreditation Rules. As set out above, a person must meet the requirements set out at subregulation 58(2) in order to be accredited by the Secretary under new regulation 58A. Clearly, if a family dispute resolution practitioner does not meet the requirements of subregulation 58(2), they do not meet the requirements for accreditation. If the Secretary is satisfied that an accredited practitioner does not, in fact, meet the requirements of those subregulations it is appropriate that the accreditation of that practitioner be revoked.
· Knowingly gave false or misleading information, or failed to disclose material information, in order to be accredited.
Due to the introduction of the requirement under section 60I of the Act for compulsory attendance at family dispute resolution (subject to certain exceptions, including situations involving violence or child abuse) before the court may hear an application for an order under Part VII of the Act, family dispute resolution practitioners have a new centrality within the family law system. It would be inappropriate to allow people who have been deliberately dishonest in order to gain accreditation, to continue to be accredited.
· Fails, or ceases, to be registered as a family dispute resolution practitioner in the Family Dispute Resolution Register.
In order to be meet the requirements of the interim Accreditation Rules, a person must be eligible for registration as a family dispute resolution practitioner under new subregulation 60D(1). In addition, the conditions of accreditation set out at new regulation 58B require an accredited family dispute resolution practitioner to be registered on the Family Dispute Resolution Register within six months of being accredited as a family dispute resolution practitioner by the Secretary under new regulation 58A. In order to be registered on the Family Dispute Resolution Register a person must meet the requirements set out at new regulation 60D. These requirements include compliance with laws relating to working with children and the absence of convictions for offences of a violent or sex-related nature. If a person is unable to meet these requirements in order to become registered, or contravenes these requirements when registered, they may not be suitable to provide family dispute resolution services to families, and therefore it is appropriate that the Secretary may revoke their accreditation as a family dispute resolution practitioner.
· Has failed to comply with any other condition of the accreditation.
As set out in relation to new regulation 58B, above, the accreditation of a person as a family dispute resolution practitioner is subject to compliance with a number of conditions, which may be changed, added to or revoked at any time. The conditions are imposed in order to ensure that those accredited as family dispute resolution practitioners are appropriate people to be delivering sensitive services to vulnerable families. If accredited practitioners do not comply with these conditions, it may be appropriate to revoke their accreditation.
New subregulation 58C(2) provides that if the Secretary is of the opinion that a family dispute resolution practitioner’s accreditation should be revoked, he or she must notify the practitioner in writing of that belief and the reasons for it, and ask the practitioner to show cause why his or her accreditation should not be revoked. This process will ensure that a family dispute resolution practitioner receives comprehensive information about the circumstances that have led to the Secretary’s belief that the practitioner’s accreditation should be revoked. This will allow the practitioner, if he or she chooses, to fully explain the situation, which may involve correcting misconceptions or detailing extenuating circumstances. For example, a practitioner may have failed to notify the Secretary of a change to his or her name or contact details within 28 days as required under new paragraph 58B(1)(c) due to the death of a family member. This would obviously be relevant to the Secretary’s decision on whether that person’s accreditation should be revoked. The practitioner must provide the written information that he or she believes shows cause as to why his or her accreditation should not be revoked within a period specified in the Secretary’s notice, which must be at least 28 days from receipt of the notice.
If the practitioner does not respond during the specified period, or if he or she does attempt to show cause as to why his or her accreditation should not be revoked but fails to satisfy the Secretary, the Secretary may revoke the practitioner’s accreditation.
Subregulation 58C(4) provides that if the Secretary decides to revoke the practitioner’s accreditation he or she must give the practitioner written notice of the decision, including reasons for the decision. The Secretary must also inform the person of their review rights under regulation 61E.
New regulation 61E provides that various decisions relating to accreditation and registration, including the Secretary’s decision not to accredit a person, may be reviewed by the AAT. Such provision is required as the AAT Act provides that the AAT may only review decisions that have been identified in legislation as appellable to it.
It is important that people receive written notice of a decision and the reasons for it from a natural justice perspective. Written notification allows people to ensure that they are able to properly understand why a decision has been made and have a firm foundation on which to base an appeal of the decision, if they seek to do so. This is reflected in the AAT Act, which allows any person entitled to apply for review of a decision by the AAT to request the person who made the decision to furnish a written statement setting out findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision.
Further detail is provided on appeal processes in relation to new regulation 61E.
If a family dispute resolution practitioner’s accreditation is revoked, they will no longer be eligible for inclusion on the Family Dispute Resolution Register.
Part 4B Registration or listing of family dispute resolution providers
From 1 July 2007 a requirement will be phased in, under section 60I of the Act, for compulsory attendance at family dispute resolution, (subject to certain exceptions, including situations involving violence or child abuse) before the court may hear an application for an order under Part VII of the Act. From that time, people seeking family dispute resolution will need to be able to identify and locate professionals who come within the definition of ‘family dispute resolution practitioner’ in the Act and are therefore able to issue certificates under section 60I of the Act. Courts with jurisdiction under the Act will need a mechanism to confirm that any family dispute resolution certificates filed with applications for Part VII orders have been issued by a legitimate practitioner.
In addition, due to the introduction of the compulsory dispute resolution requirement, the Government may be seen as having some responsibility for ensuring that people are able to access quality services. As a result, in addition to ensuring that people are properly qualified to deliver family dispute resolution services (which will be achieved through the interim Accreditation Rules) it is equally important to ensure that people who might compromise the safety of family dispute resolution participants or the integrity of the family dispute resolution process are excluded from recognition as family dispute resolution practitioners.
To address these needs, new Part 4B of the Regulations will establish the Family Dispute Resolution Register (the Register). The Register, which will contain details of individuals and organisations who offer family dispute resolution, is prescribed under section 10A of the Act.
The Register will contain details of all persons who come within the definition of family dispute resolution practitioner in section 10G of the Act (except those authorised by the Family Court of Australia, the Federal Magistrates Court or the Family Court of Western Australia under paragraphs 10G(c) – (e) of the Act). The details of organisations that are designated by the Attorney-General for the purposes of paragraph 10G(b) of the Act will also appear on the Register, as people authorised by these organisations to provide family dispute resolution on the organisations’ behalf are family dispute resolution practitioners under the Act, and therefore may provide certificates under section 60I of the Act.
In the transition period, which runs from 1 July 2006 to 30 June 2009, people who are taken to be family dispute resolution practitioners under section 10G of the Act as a result of the operation of Item 124 of Schedule 4 to the Shared Parental Responsibility Act will also be included on the Register. These are people who:
· are authorised by an approved family dispute resolution organisation to offer family dispute resolution on behalf of the organisation; or
· who, by 30 June 2007, meet the requirements set out at regulation 83 of the Principal Regulations.
In addition, approved family dispute resolution organisations, as defined in Part 4 of Schedule 4 to the Shared Parental Responsibility Act will also appear on the Register.
Division 1 Preliminary
Regulation 59: Definition
The definition of ‘approved family dispute resolution organisation’ at new regulation 59 is relevant to new regulations 59A and 61B. New regulation 59A provides for the establishment of the Family Dispute Resolution Register. New regulation 61B provides that the Secretary must maintain, as part of the Register, a list of approved family dispute resolution organisations.
As set out in relation to item 5, the Shared Parental Responsibility Act provides for a period of transition to the new Accreditation Rules for family dispute resolution practitioners. The transition period runs from 1 July 2006 to 30 June 2009 (as per item 118 of Schedule 4 to the Shared Parental Responsibility Act and regulation 82 of the Principal Regulations). Prior to the amendment of the Act by the Shared Parental Responsibility Act, organisations could be ‘approved’ as family and child mediation organisations under previous section 13B of the Act. One of the main functions of approved organisations was to guarantee the quality of services provided by the practitioners they authorised to provide services on their behalf. Due to the focus shifting from organisation-based quality assurance to individual quality assurance, as evidenced by the introduction of section 10A into the Act (which provides the framework for the creation of Accreditation Rules for practitioners) the concept of approved organisations was removed from the Act on 1 July 2006. However, in order to ensure that the delivery of services was not interrupted during the conversion to the new accreditation system, the Shared Parental Responsibility Act maintains approved organisations in the transition period. Item 128 of Schedule 4 to the Shared Parental Responsibility Act provides that, if an organisation was approved as a family and child mediation organisation immediately before 1 July 2006 (when Schedule 4 to the Shared Parental Responsibility Act commenced) it is taken to be approved as a family dispute resolution organisation under item 125 in the transition period. Item 125 of Schedule 4 to the Shared Parental Responsibility Act allows the Minister to approve certain organisations as family dispute resolution organisations in the transition period.
The definition of ‘approved family dispute resolution organisation’ at new regulation 59 includes both these categories of organisations.
Regulation 59A: Family Dispute Resolution Register
New regulation 59A provides for the establishment of the Family Dispute Resolution Register (the Register).
From 1 July 2007 a requirement will be phased in, under section 60I of the Act, for a certificate from a family dispute resolution practitioner to be filed with applications for orders under Part VII of the Act, which deals with matters concerning children. (This requirement is subject to certain exceptions, including situations involving violence or child abuse.) The Register is being introduced to address the following needs, which are related to the introduction of that requirement:
· people seeking family dispute resolution will need to be able to identify and locate professionals who come within the definition of ‘family dispute resolution practitioner’ in the Act and are therefore able to issue certificates under section 60I of the Act;
· courts with jurisdiction under the Act will need a mechanism to confirm that any family dispute resolution certificates filed with applications for Part VII orders have been issued by a legitimate practitioner; and
· the Department seeks to exclude practitioners who might compromise the safety of family dispute resolution participants or the integrity of the family dispute resolution process.
New subregulation 59A(2) provides that the Register must include:
· Names and contact details of registered family dispute resolution practitioners.
In order to be registered, a person must meet the requirements set out at new regulation 60D. The first requirement is that a person is a family dispute resolution practitioner. Pursuant to section 10G of the Act, a ‘family dispute resolution practitioner’ is a person who is:
o accredited under new regulation 58;
o authorised to provide family dispute resolution on behalf of an organisation that has been designated by the Attorney-General under paragraph 10G(b) of the Act; or
o authorised by the Family Court of Australia, the Federal Magistrates Court or the Family Court of Western Australia under paragraph 10G(c), (d) or (e) of the Act.
However, as the courts’ delivery of family dispute resolution is decreasing in parallel with the increasing provision of family dispute resolution by the community sector, it is not expected that the courts will use their power to authorise family dispute resolution practitioners in many cases. The courts will usually only authorise people to provide family dispute resolution when this service is unavailable from any other source. In view of this, it is not necessary for the family dispute resolution practitioners authorised by the courts to appear on the Register as:
o the public should not be given the impression that family dispute resolution is a service that the court routinely offers;
o if the court does authorise a person to provide family dispute resolution and that person issues a certificate under section 60I, the court will not need to verify the credentials of the practitioner, as this will be known by the court prior to authorisation; and
o the courts will ensure that all the people they authorise as family dispute resolution practitioners are suitable to provide services to vulnerable families.
· Designated organisations
The Register must include a list of organisations designated by the Attorney-General for the purposes of paragraph 10G(b) of the Act (this list is established by new regulation 61A).
· Transitional family dispute resolution practitioners and approved organisations
In the transition period, which concludes on 30 June 2009, the Register must include:
o the names and contact details of transitional family dispute resolution practitioners; and
o a list of approved family dispute resolution organisations.
A definition of ‘transitional family dispute resolution practitioner’ is inserted into subregulation 3(1) of the Principal Regulations by item 5. As set out in relation to item 5, a ‘transitional family dispute resolution practitioner’ is a person who, in the transition period (which, as per item 118 of Schedule 4 to the Shared Parental Responsibility Act and regulation 82 of the Principal Regulations, runs from 1 July 2006 to 30 June 2009):
o is authorised by an approved family dispute resolution organisation to offer family dispute resolution on behalf of the organisation; or
o by 30 June 2007, meet the requirements set out at regulation 83 of the Principal Regulations.
A definition of ‘approved family dispute resolution organisation’ appears in new regulation 59. New regulation 61B provides that the Secretary must maintain a list of approved family dispute resolution organisations.
As set out above in relation to new regulation 59, the concept of ‘approved organisations’ will be removed from the legislation at the end of the transition period.
Regulation 59B: Powers and functions of Secretary in relation to Family Dispute Resolution Register
New regulation 59B sets out the Secretary’s powers in relation to the Register. These are additional to the powers and functions conferred on the Secretary by other provisions of the Principal Regulations. Under regulation 59B the Secretary may:
· Monitor compliance with registration requirements.